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United States v. Wade

ELR Citation: 14 ELR 20441
Nos. No. 79-1426, (E.D. Pa., 04/27/1984) Ruling on third-party defendant liability denied

The court holds that defendants' motion for a ruling that plaintiff may not recover costs from third-party defendant generators is not ripe. The court first rejects defendants' unsupported argument that plaintiff is estopped from seeking recovery from the third-party defendants. The court then rules that it cannot address defendants' argument that government recovery from thirdparty defendants would be double recovery until plaintiff files an action against the third-party defendants making clear what recovery it seeks. To attempt to rule on the motion under the circumstances also would be unfair to third-party defendants.

[Related decisions are published at 12 ELR 21051, 13 ELR 20815, 14 ELR 20096, 14 ELR 20435, 14 ELR 20436, 14 ELR 20437, 14 ELR 20439, and 14 ELR 20440 — Ed.]

Counsel are listed at 14 ELR 20096.